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Bombay High CourtSA/472/2017compramised

Kashinath Venkatrao Salunke v. Jamrutbee Shaikh Hanif Chaus Since Died Through Lrs And Others

2019-03-28Hon'Ble Smt. Justice Vibha Kankanwadi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 4197 OF 2019 IN SECOND APPEAL NO.472 OF 2017 KASHINATH VENKATRAO SALUNKE

VERSUS

JAMRUTBEE SHAIKH HANIF CHAUS SINCE DIED THROUGH LRS AND OTHERS ...

Advocate for Appellant : Mr. Salunke V.D.

Advocate for Respondents No.1/1 to 1/3 : Mr. S. P. Shah ...

WITH SECOND APPEAL NO.472 OF 2017 KASHINATH VENKATRAO SALUNKE

VERSUS

JAMRUTBEE SHAIKH HANIF CHAUS SINCE DIED THORUGH L.RS. ...

Advocate for Appellant : Mr. Salunke V.D.

Advocate for Respondents No.1/1 to 1/3 : Mr. S. P. Shah ...

WITH SECOND APPEAL NO.659 OF 2017 HAJARABI ABDUL SATTAR PATWARI AND OTHERS

VERSUS

JAMRUTBEE SHAIKH HANIF CHAUS SINCE DIED THORUGH L.RS. ...

Advocate for Appellant : Mrs. Charuta Sunil Deshmukh Advocate for Respondents No.1/A to 1/C : Mr. S. P. Shah ...

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 28-03-2019.

CA 4197-2019 ORAL ORDER :

1.

Parties to the suit have amicably settled their dispute out of Court and by way of application i.e. Civil Application No.4197 of 2019 they have put the compromise terms on record. Those terms mentioned in para No.14 of the application have been got verified through learned Registrar (Judicial) who has submitted his report dated 22-03-2019. The parties have been identified and they have reiterated the terms and conditions of the compromise before the learned Registrar.

2.

Today all parties as well as their respective advocates are present. They all reiterate the terms of compromise. Taking into consideration the fact that, they have compromised the matter, both the appeals stand disposed of in terms of said compromise recorded in Civil Application No.4197 of 2019.

3.

The Judgment and decree passed in Regular Civil Appeal No.291 of 2012 by District Judge -6, Latur dated 16-11-2016 and the Judgment and decree passed in Regular Civil Suit No.02 of 2010 by 5th Jt. Civil Judge, Junior Division, Latur dated 10-05-2012 are hereby set aside. The said suit i.e. Regular Civil Suit No.02 of 2010

CA 4197-2019 which was before 5th Jt. Civil Judge, Junior Division, Latur stands disposed of in terms of compromise in Civil Application No.4197 of 2019.

4.

Decree be drawn accordingly.

5.

Copy of the decree be sent to Sub-Registrar, Latur in compliance with Section 89 (A) of Indian Registration Act (Maharashtra Amendment) for action, if any, to be taken. 6.

No order as to costs.

7.

Both the second appeals are disposed of accordingly. (SMT. VIBHA KANKANWADI) JUDGE vjg/-.